Akinola Ademola, 49, was sentenced to death by hanging for the armed robbery and murder of his older brother in Ekiti state.
He was arraigned before Judge Lekan Ogunmoye of the Ekiti State High Court in Ado Ekiti in December 2020.
The indictment reads: “Akinola Ademola robbed an Akinola Tunde of his Bajaj motorcycle with registration number ADK 011 VC on November 19, 2019 in Usin Ekiti, Ikole Municipality, Ekiti State, within the jurisdiction of that honorable court, at the time of the robbery namely, were you armed with an offensive weapon; Pistol.
“On the same day, at the same time and in the same place, the victim, Akinola Tunde, was murdered.”
An eyewitness, Ogunnusi Anike, who testified in court, said: “Me and the deceased were at the farm walking on a footpath, the deceased rode his Bajaj motorbike while I was trekking because the footpath was very rough I saw suddenly someone in the bush pointed a gun at the deceased, I shouted: “Tunde, Tunde, run, run, someone is pointing a gun at you”, then I went on my way. While running I heard a shot, later I saw a passerby on the street and when I explained to him what had happened, he accompanied me back to the crime scene, when we got there we met the dead man face down in the pool of his blood, his motorcycle had been taken away by an unknown person.”
Another witness testified that the deceased and his younger brother once had an argument about the management of their father’s farm and during the police investigation the deceased’s motorcycle was found in his younger brother’s possession, but he had changed the license plate upon discovery was made through the papers of the motorcycles.
According to prosecutors, the offenses violate Sections 402(2) and 319(1) of the Penal Code, Cap C16, Laws of the Ekiti State of Nigeria, 2012.
To prove his case in court, prosecutor Barrister Kunle-Shina Adeyemi called four witnesses, submitted testimony from the witnesses, testimony from the defendant, two locally made guns, a photograph of the defendant posing with the motorcycle, details of the motorcycle, and a medical report, among other things as exhibits.
The accused spoke in his own defense through his lawyer Olarewaju Oluwasola and did not call witnesses.
In his ruling, Judge Lekan Ogunmoye said the facts of armed robbery and murder had been established against the defendant, implying that the charges of armed robbery and murder against the defendant had been established beyond a reasonable doubt.
“Overall, the prosecution had managed to persuade the court to rule the only question in its favour, and so am I doing it.
“The defendant is accordingly convicted of the offenses of armed robbery and murder.
“The defendant is sentenced to death by hanging on count one (armed robbery) and on count two (murder) until dead, may the Lord have mercy on your soul,” he said.
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